SUPREME COURT OF INDIA S.No. 1 Diary Number 689 / 2020 Case Number C.A. No.-003483-003483 / 2020 15-10-2020 (English) Petitioner Name SATISH CHANDER AHUJA Respondent Name SNEHA AHUJA Petitioner’s Advocate S. S. JAUHAR […]
Court Fees Act, 1870—Section 12—Deficiency in court-fees—It is the matter between the Court and the State—The defendant who may believe even honestly that proper court-fee has not been paid by the plaintiff, he has no right to move the superior court by appeal or revision against the order adjudging the court-fee.
COURT FEES-The plaintiff had sued for a twofold declaration: (i) that the property described in the plaint was a waqf, and (ii) that certain alienations thereof by the mutwali and his brother were null and void and were ineffectual against the waqf property. It was held that the second part of the declaration was tantamount to the setting aside or cancellation of the alienations and therefore the relief claimed could not be treated as a purely declaratory one and inasmuch as it could not be said to follow directly from the declaration sought for in the first part of the relief, the relief claimed in the case could be treated as a declaration with a “consequential relief.
Plaintiffs cannot be compelled to ask for consequential relief in the shape of an injunction The plaintiffs are not parties to the decree obtained by the mortgagee defendant against their husbands; they […]
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